...The movie Civil Action is about personal injury lawyer named Jan Schlichtman who sues two major companies, Beatrice foods, and Grace Industries. Jan becomes too emotionally attached to the case. At first he is all about the money then it becomes more than that to him and he gets to involved in finding the truth, and his judgment becomes slighted. Throughout the movie and the case; civil trail procedure is shown from jury selection to the verdict. In the movie Jan starts out as a rich millionaire personal injury lawyer who is also one ofBoston’s top 10 bachelors. Then an orphan case one day had landed on his desk, and this case was filed by the town ofWoobergfor the wrongful death of eight children. Jan said no to the town at first and told them that there was no money involved for him so he would not do it, but he then got curious and did some research and found that 2 major companies were involved in this case. The companies Beatrice Foods and Grace Industries. So then Jan decides that now he has the opportunity to make a lot of money so he tells the town he has reconsidered and will do the case. Once the complaint is filed and the two companies are summoned to the pre trail court, the two lawyers for the companies are Mr. Cheeseman for Grace and Mr. Facher for Beatrice. Grace Industry’s lawyer Mr. Cheeseman tried to overturn the case by using Rule 11. Rule 11 is a very old and ridiculous rule that has not been used in decades so then his appeal is overturned. After the appeal...
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...After viewing the 1998 film “A Civil Action” and reading the article by Marc Galanter about “Why the ‘Haves’ Come out Ahead” we see that the framework applied to the American legal system by Galanter in his article at this point in time is held true in the film. What Galanter does is tell us about the two options that sides may be in a legal case. First there are the One-Shotters, which we will refer to as the OSs. These indivduals are often those who are not regulars within the legal system and often are only there once or maybe twice. A fine example of OSs are the husband and wife in a divorce case or the two parents in a custody case. As suggested by the name, these people usually are only in once. When it comes to the results that they expect it is often tangible. Because this is there one and only case, they are not concerned with a reputation in the courts but instead with real, physical, in a way, results. On the flip-side you have the Repeat Players which we will refer to as the RPs. These individuals, again as the name suggests, are those who frequent the courtroom and are often involved the same kinds of cases. These are what one would expect them to be such as the IRS trying people who did not pay their income taxes or a large corporation. Now the goals for a RP are very different than those of an OS. Instead of the tangible goals of the one-shotter, the RPs are out to often establish a reputation and establish relations to shape future decisions made in the courts...
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... Justin Francis Professor Nelson Psy110 2/5/2015 If you consider affirmative action for its intentional purposes than Affirmative Action is very just, its purpose being to equalize the education and economic gap between minorities and whites. Although it is not a perfect method to achieving equality in this country, it is essential to accept it for why it’s been put into place and that it is all part of a process. Of course affirmative action is far from perfect and has a fair deal of problems, like promoting reverse discrimination while backing up negative stereotypes. I researched all of these aspects while pondering the question “is affirmative action still needed in today’s society?” In this paper I will be explaining what affirmative action is.The history behind affirmative action like how it all unfolded, who made it, and the history as to why it is in effect now. I will also list some pros and cons of affirmative action, how the United States could better affirmative action for the future and finally a conclusion, which is my opinion on the topic. But what exactly is affirmative action? Born of the civil rights movement three decades ago, affirmative action calls for minorities and women to be given special consideration in employment and education acceptance decisions. Universities with affirmative action policies generally set goals to increase diversity. Affirmative action decisions are generally not supposed to be based on quotas, nor are they supposed to...
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...Weekly Reflection Learning Team D: Stephanie Woodlee, Stephanie Folkman, Suanne Amani, Francis Valentino III, and Samantha Jones Law 421 September 24, 2012 Karen Hutchins J.D. From a business perspective it is important to understand distinctions between procedural, substantive, criminal, civil, statutory and case laws. In this paper Learning Team D reviews the differences between the aforementioned types of laws, will provide an example of each, and will provide an example of a constitutional amendment designed to protect businesses and organizations. Each team member will also provide their thoughts on the course topics learned thus far and how those topics relate to each member’s respective business field. Procedural and Substantive Law Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law, while during the proceedings. These rules ensure fair and consistency in the “due process”. Substantive law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. (Diffen, 2012) Substantive law is an independent set of laws that decide the fate of a case. It can actually decide the fate of the under-trial, whether...
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...Learning Team Reflection - Exide Technologies Business Law - Law 531 March 23, 2015 Instructor: Learning Team Reflection - Exide Technologies Exide Technologies in Vernon, California is an example of a company which failed to comply with government regulations requiring them to properly handle and dispose of toxic battery waste. This case also highlights the negligence in part by state officials regarding violations discovered over a period of almost two decades. These violations included battery acid draining into a manholes and lead waste stored in open containers causing the toxic waste to be exposed. There are consquences when a company such as Exide Technologies fail to comply with state and federal regulations which could ultimately hinder their sustainability and financial prosperity. Principles of regulatory compliance requirements. According to Exide Technologies website, they are committed to comply with applicable legal requirements and other requirements related to environmental aspect. Due to the numerous violations discovered in the Vernon plant, Exide agreed to shut down the plant as a plea agreement to avoid any future criminal charges and additional fines. In addition to the plant shutting down, they were order to decontaminate the site in which they worked due to high levels of lead and arsenic emissions. Exide Technologies was not only mishandling their toxic waste, but they were not complying with all applicable governmental laws and regulations...
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...How to Guide for REFLECTION ------------------------------------------------------------- How to Guide for REFLECTION The National Service-Learning Cooperative ServeAmerica K-12 Clearinghouse Pennsylvania Institute for Environmental and Community Service Learning Northeast Regional Technical Assistance Center Compiled by Lorraine Parrillo Cooperative/Clearinghouse Coordinator Northeast Regional Technical Assistance Center December 5, 1994 Used with their permission INTRODUCTION This module includes a summary of materials currently used to support reflection in the service learning movement. Crucial information presented includes: 1. Introductory materials on Reflection by Diane Hedin and Dan Conrad 2. Reflective teaching techniques using eleven different forms of reflection rather than just using journals and asking how participants feel about service 3. Basic critical thinking skills that may be used in reflection sessions 4. Bibliography Reflection Reflective learning techniques are not the lone providence of service activities. All thinking and dialogue requires some form of reflection if learning is to take place. Individuals need time and reconsideration of events to put facts and ideas into sequence and eventually into a better understanding as to what happened during a specific event. Everyone in their life-time will be required to repeat this process endlessly. Nevertheless, schools do little...
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...Civil disobedience positively impacts a free society. It is one of the best ways to protest because not only is it usually nonviolent, but it raises awareness in a more effective way. Some of the biggest changes in our society stemmed from and grew because of civil disobedience. When the LA riots broke out, people around the country thought not of the reason behind all the rage and destruction, but of the danger and stupidity of the crimes people were committing. However, when Rosa Parks refused to give up her seat, she went to jail and accepted the consequences in order to show Americans everywhere what unjust treatment people of color suffered on a daily basis. Over 60 years later and Rosa Parks is still regarded as a brave pioneer of the modern civil rights...
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...Reflection Paper-Week 2-IRAC Brief LAW/531 June 9, 2015 Reflection Paper-Week 2-IRAC Brief The IRAC (issue, rule, analysis, conclusion) is a structured legal analysis process used in problem-solving. Team C will use the IRAC method to present a case heard in the Oregon Supreme Court, Antonio Cortez v. NACCO Material Handling Group, Inc and Swanson Group, Inc. This case is currently pending in the Oregon Supreme Court. Facts Plaintiff worked for a lumber mill, Sun Studs, LLC owned by NACCO Material Handling Group. As the plaintiff walked from one area of the mill to another, a forklift hit and severely injured him. After receiving workers’ compensation benefits, the plaintiff brought an action against Swanson Group, Inc., which owns Sun Studs. The plaintiff alleged that Swanson was liable for negligently failing to require Sun Studs to provide a safe workplace and competent safety personnel. Issues Is the providing of worker’s compensation for the injured plaintiff by the defendants an exclusive remedy? Was the defendants’ negligent under the Employers Liability Law by not providing safety measures to the plaintiff? Rule Did the defendants breach the duty to provide a remedy for the injured plaintiff? Did the defendants breach the duty to provide safety measures under the Employers...
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...Childrens visitation situation with their father Step 2: What are the alternatives? Take legal action, make a verbal agreement to keep it out of court, try to stay as civil as possible to make it workout for the kids without taking it to court Step 3: What are the advantages and/or disadvantages of each alternative? If I take legal action I will have legal documentation andnot hae to worry about my childrens father acting out. He will have to abide by the courts rules. By not doing so, I will have t continue to worry about my childrens visitation with their father being ruled by him. Making a verbal agreement to keep it out of court could work out for less drama, however, the downside, he could break it when he wanted to. Staying as civil as possible to make the visitation workout for the kids without taking it to court would make it easier on both parties in the long run as well as the children. However, by doing this it would be taking a chance of the visitation being controlled by either party and possiblyl cause issues. Step 4: What is the solution? To get legal advice and weigh the pros and cons more thoroughly Step 5: How well is the solution working? The solution is working slowly. Working with an attorney gets expensive, but also ensures that my children will have constat stability in their lives and without fighting and drama over them. Write a 100- to 150- word reflection about this process. How did this process help you devise a solution? How can you use this...
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...Learning Team Weekly Reflection Law/421 University of Phoenix In Week one of Contemporary Business Law, Team A learned about substantive, procedural, criminal, civil, common, and statutory law. In the reading assignments for week one, we discerned the differences that separate the laws and how the courts enforce the laws. Corporations and businesses are awarded protections under the Amendments to the Constitution of the United States that protect them from fraudulence. The following essay covers Team A interpretation of the different laws and how the laws pertain to corporations, businesses, and our current places of employment. Substantive Law and Procedural Law Substantive laws are laws that give people rights. These rights also create certain duties. Procedural laws outline what must be done in order to exercise substantive rights. An individual is granted the right to obtain restitution when they have suffered losses due to another’s actions. This right would be a substantive law. Procedural law provides information on how to use the legal system to file a lawsuit and how to obtain restitution once awarded by the court (Melvin, 2011). The Fourteenth Amendment of the U.S. Constitution applies the Bill of Rights to the states. The Due Process clause outlines procedural laws when the government affects an individual’s life, liberty, or property rights. If the government has to interfere with an...
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...Affirmative Action July 2007 Abstract Affirmative action, in the United States, programs to overcome the effects of past societal discrimination by allocating jobs and resources to members of specific groups, such as minorities and women. The policy was implemented by federal agencies enforcing the Civil Rights Act of 1964 and two executive orders, which provided that government contractors and educational institutions receiving federal funds develop such programs. The Equal Employment Opportunities Act (1972) set up a commission to enforce such plans. Affirmative Action was evolved from the civil rights era, 1950’s through 1960 when African Americans fought to live as normal human beings. Dr. Martin Luther King, NAACP, and other black organizations fought racism by marches, rallies, and sit-ins. Despite the assassination of Dr. Martin Luther King and other great activists, schools, universities, and public facilities were racially integrated. This was the time when Affirmative Action came into play, a century after the abolishment of slavery, United States finally after a Century began to address racism. President Kennedy was given credit for enacting important laws; Executive Order 10925 in 1961, which stated that Government contractors had to take affirmative action to ensure that applicants are employed without regard to race, creed, color or national origin. President Kennedy was pressured by civil rights movements to enact Affirmative Action. But it...
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...compliant with Equal Employment Opportunity Commission (EEOC) regulations. There are many laws that are governed by EEOC regulations but in this paper, I will review Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). I will apply these two laws to the Gelato company hiring practice operating out of Heartland Corners, U.S.A. With the data I have, I will evaluate if Gelato is in compliant with the Title VII of the Civil Rights Act of 1964 for hiring black and other minority groups in the local area. I will also explore their practices of hiring younger employees to determine if they are violation of the ADEA. Lastly, I will make recommendations for compliance with the Title VII of the Civil Rights Act of 1964 and ADEA if any or needed. THE ISSUE WITH GELATO Gelato is a larger cheese maker that distributes throughout the United States. Gelato is located in Heartland Corners, U.S.A. and employs approximately 200 hundred workers. Currently their employees’ racial make-up is 85 percent white and 15 percent other races. The population of Heartland Corners is 50 percent white and 25 percent African American with the other 25 percent mixed with Hispanic, Asians and other races. The question here is whether or not Gelato is violating Title VII of the Civil Rights Act of 1964 by not hiring at the 4/5th or 80 percent rules used in determining if there is adverse impact on minority groups such as blacks, women, or elderly. The 80 percent...
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...Edmund Burke’s work, Reflections on the Revolution in France, 1791, was first published in November of 1790. Burke was an Irish member of the British Parliament who had supported the American Revolution because it was just. However, his feelings with regards to the French Revolution were very different. After hearing of a sermon given by the Protestant dissenter, Richard Price, on November 4, 1789, praising the French Revolution, Edmund Burke felt compelled to respond. By the time Burke began writing his work, the violent storming of the Bastille had occurred in July 1789, yet neither the Terror nor the execution of the French monarch had happened. This violent episode, and the apparent anarchy of the French people provoked a hostile reaction in Burke, and the positive reaction of the British people, as evidenced by Price’s sermon, concerned him (Encyclopedia Britannica, par...
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...observed one another. Mr. Thomas’s reflection of the war explained how the war was created and gives details about the events that extended the nation’s first bloodbath. The analogy dogs of war were used to compare both sides failure to consider that things may not go as planned. According to the author, Abraham Lincoln underestimated the Southerners love for the south and Davis doubted the Northerners strength believing that the North would not even last through the first battle in the war. The purpose of this essay is to evaluate Emory M. Thomas’s argument on how America couldn’t handle something it had started; given that several martial moments had steered, extended and destroyed what we knew as the Union and the Confederate era; the art of not knowing or maybe just not even considering other possibilities were reasons why the American Civil war had transpired in the first place. Mr. Thomas insists that martial moments led up to the Civil War; one being the battle at Fort Sumter in Charleston, South Carolina. According to Emory Thomas, the war that began that fateful April day had been coming for a long time. He explains that when Confederate general Pierre Gustave Toutant Beauregard Chestnut uttered his historic message to open fire on Fort Sumter he honestly thought he had no other choices like countless other white southerners who contributed aggressively to slavery to make a decent living. An additional reason why the people in the Civil War resembled the dogs of the...
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...Faulkner and Mitchell both write about the South in its antebellum, during the Civil War, and the outcome post-Civil War. However, Faulkner examines the unseen South with Absalom, Absalom! while Mitchell writes about the South that most readers are already familiar with in Gone with the Wind. Faulkner’s difficult read can be seen as the elite counterpart to Mitchell’s popular fiction novel. In Faulkner’s Absalom, Absalom! an odd story is told. It is not just the plot that is unusual, but the writing style is quite different as well. Faulkner uses these long, winding sentences and the story being told follows a peculiar order. Faulkner even summarizes the whole plot in the first chapter, telling the story of the rise and fall of the Sutpen house in a few sentences, versus Mitchell’s 1000 page saga that makes Gone With the Wind. Faulkner was praised in his writing style, but his style can be confusing for many. If a book is hard to read, does that count as an elite characteristic? Gone With the Wind, like Uncle Tom’s Cabin, is a long book, but it is an easy read. It is not complicated in the sense where a reader might have to read a passage three or four times in order to understand it. The same cannot be said for Faulkner’s Absalom, Absalom! Elements that make Faulkner’s novel problematic to read are his long, wordy sentences. A reader can get lost in a single sentence if they are not reading carefully. Another element is his chronology, or lack of it. The story and narration...
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